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Posted: Tue Jul 10, 2007 6:54 am Subject: Store front loan making collections visit to my home |
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My wife has a storefront payday loan in which she owes about 100.00 and they are making collection visits to the home. Can this company do this even if they are told to cease?
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dylan0505

Joined: 28 Jun 2007
Posts: 21
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Posted: Tue Jul 10, 2007 7:20 am Subject: |
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That is one brave collector. If he steps into the wrong person’s house he is likely to get a beating or worse… Legally he can probably do it until you file complaints with your local law enforcement. I suspect it is no different than having a landlord knock on your door for rent but I am not sure. Next time he shows up dial 911 for an intruder. Tell the police officer that you feared for your safety. Tell the police officer that he was threatening you for a debt. Both of these are illegal to do as a collector. Be careful not to commit perjury though. Then take this report and get a restraining order. All of this can be done without an attorney but it will take a court hearing. If you are lucky the DA will pick up on it for a criminal hearing.
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DOLLARSandSINCE
Debt Samaritan

Joined: 11 May 2007
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Posted: Tue Jul 10, 2007 7:27 am Subject: |
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That is amazing--and if they would do that for a hundred bucks, that must be one desparate storefront! What state are you in? And I wonder if that's legal to do in your state?
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kscornell
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Joined: 22 Jul 2006
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Posted: Tue Jul 10, 2007 7:39 am Subject: |
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I live in Texas and he has came to our home 3 times to request payment. She has told him not to come to the house for collections and that she will just communicate by phone.
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dylan0505

Joined: 28 Jun 2007
Posts: 21
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Posted: Tue Jul 10, 2007 7:42 am Subject: |
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WOW. I think I would call your state's attorney's generals office and see if this is legal. Is he being threatening? I can't believe they are doing this for $100.00. I would think as a collector he would be scared to go that far.
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slw531

Joined: 16 Nov 2006
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Posted: Tue Jul 10, 2007 7:51 am Subject: |
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Yes he has been kind of threatening say that he's going to file frand charges. I know he can't because the loan was taken out legally. My wife originally got the loan for 300.00 and had paid $200.00 of the balance. This company is a really small company and the collector I believe is actually the owner.
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dylan0505

Joined: 28 Jun 2007
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Posted: Tue Jul 10, 2007 8:04 am Subject: |
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Wow, does he do that with everyone who owes him money? Frankly, how does he have the time? I mean, think about it???
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kscornell
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Posted: Tue Jul 10, 2007 8:35 am Subject: |
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I'm not sure if he does this with other cleints but I have let people know in my city don't use this company and any other payloan company. These products are the worst
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dylan0505

Joined: 28 Jun 2007
Posts: 21
Debtcc Points: 829
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Posted: Tue Jul 10, 2007 1:36 pm Subject: |
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If they do not have permission to be on your property they have no right to be there. Simply request that they leave and inform them if they do not you will call the police. Unlike the landlord who owns property and is collecting rent, the lender has no legal right to be on property you control. It does not matter if you rent or own.. no permission means no right... one exception would be that they had permission from a landlord.
hope this helps
_________________ Life is a journey down a road filled with many twists, truns and forks. the destination is not important... the journey is what makes life precious.
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jj
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Joined: 24 Oct 2005
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Location: Washington State Debtcc Points: 8612
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Posted: Tue Jul 10, 2007 2:06 pm Subject: |
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Will do! Thanks that helps out a lot for the help and they do not have any authorization from my landlord
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dylan0505

Joined: 28 Jun 2007
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Posted: Tue Jul 10, 2007 2:19 pm Subject: |
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I would also even see about getting a restraining order? It might be worth a shot.
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kscornell
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Joined: 22 Jul 2006
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Posted: Tue Jul 10, 2007 2:26 pm Subject: |
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JJ's response makes perfect sense. I think that he could knock on your door but once you ask him to leave he should do so. If he does not then call the police and file a report with them. If he shows up again then get a restraining order.
Just out of curiosity how much have you paid this guy total and has he been overpaid according to your state laws. I know you said that 200 was paid off but maybe that is 200 according to their rules and not according to state law.
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DOLLARSandSINCE
Debt Samaritan

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Posted: Tue Jul 10, 2007 2:50 pm Subject: |
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I was mistaken my wife borrowed 200$ and wwas to pay back 225$ and she had made the first payment of $100.00.
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dylan0505

Joined: 28 Jun 2007
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Posted: Tue Jul 10, 2007 2:58 pm Subject: |
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I would probably just try to pay the guy. Even though hes tactics are a bit wrong you technically owe him $125 it sounds like. I would just try to scrounge up at least a portion of it if you can. If that meant $25 one month and maybe $50 the next two or whatever it might be enough to satisfy him. Calling the police and filing a restraint and simply putting up with this guy would not be worth $125 hassel to me.
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DOLLARSandSINCE
Debt Samaritan

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Posted: Tue Jul 10, 2007 4:26 pm Subject: collector |
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Is it legal for this guy to come on to his property though? He has been told repeated times not to come to thier home, yet he still comes. I mean, can't they just call the cops the next time he "drops by"?? I think it's insane! And, dollars, you make sense about trying to scrounge up the money to make him go away, but it's the whole principal of the matter. Some dude coming to your house asking for money? Is he Gweedo working for the mafia? You would think (and I know nothing about Texas) that calling the cops would get rid of him! As far as a restraining order, do you have to go to court for that? I thought you could just go down to the court house and request a restraining order and state why. Like I said, I don't know about Texas, but I think it's totally outrageous! Knocking on your door for payment. You've got to be kidding me!
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cannr
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Posted: Tue Jul 10, 2007 5:00 pm Subject: |
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Now playing devil's advocate here, I wonder what would happen if Chuckles was making his collection calls and one of his deliquent customers had a gun!!! Just throwing it out......
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kscornell
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